1. law, govt and politics

•
Tara Bamford, helping NH Planning Boards since 1988 – circuit rider to calls with last minute questions
•
Paul Sanderson
• Informal, discussion, presentation as way to trigger questions, and learn from other communities as well
• Secondary goal to help staff and boards understand each other’s roles, May have to train next clerk or chair
•
Thanks to NHMA Ashley Monier for organizing
•
All photos courtesy of Flickr Creative Commons 1
Sometimes is also a board member, most often as an alternate.
2
The land use board administrator serves as the board’s primary liaison to the public, and it is important to make a good first impression. Traits of a good land use board administrator include:
Reliable and punctual;
Well‐organized;
Objective;
Helpful, and polite;
Detail‐oriented.
3
THIS SLIDE AND NEXT ONE
4
Maintaining board Rules of Procedure;
Ensuring appropriate documentation/record keeping;
Processing and tracking new applications;
Coordinating agenda development and recording of minutes;
Providing notice of Public Hearings;
Preparing reports to the community (e.g. Annual Town Report) on behalf of the board(s);
Tracking board membership and terms;
Ensuring coordination with other boards, committees, and staff in the town;
Tracking board income and processing application fees;
Maintaining the board’s website;
Tracking conditions of approval and the fulfillment of those conditions –
does it need to go back to the PB;
Coordinating the recording of approved plans both internally (e.g. with Town Assessor) and externally (e.g. with Registry of Deeds).
5
A land use board administrator is different than a Town Planner. Planner higher level of qualifications with 1 or 2 degrees
and some exp as asst plnr or internship, certification‐
– study soils, water resources, traffic, land use law, etc‐
so qualified to make professional recs to application and boards
A land use board administrator:
Provides information directly from town ordinances/regulations;
Conducts a preliminary completeness review
Assists applicants in navigating the town’s development review process
(e.g. meeting dates, submission deadlines).
Shouldn’t provide interpretations of town ordinances/regulations;
Shouldn’t provide substantive reviews/comments on plans/applications;
Neither shouldn’t tell applicants what you believe the board may say or do;
6
Even with electronic files A paper trail is still necessary :
•
•
•
•
•
Files should be comprehensive and logically organized so anyone could find something in your absence (both paper files and any electronic ones);
All revisions to documents should be tracked, dated, initialed, and maintained in hard copy;
When communicating with applicants via telephone or in person, document the substance of the conversation for the file and follow up in writing if a paper trail may be necessary later on. Maintain hard copies of all communications in the file – print emails; Require all requests from applicants to be submitted in writing, esp. waivers from application material;
Develop a logical system of storing and retrieving large‐format plans. Every revisions is part of the paper trail.
7
Archiving and record keeping:
Be confident that your files are current;
Incorporate map and lot number into your file numbering/tracking system for easy cross‐referencing.
Manage information electronically (via spreadsheet);
This can assist in developing the board’s annual reports (e.g. application revenue received, number of applications received, etc);
If your town has an internal, electronic permit tracking system, ensure that system is current;
Be cognizant of the record retention requirements spelled out in RSA 33‐A:
If your town has a local records retention policy that goes beyond the requirements of RSA 33‐A, ensure that you are aware of and adhere to that policy.
8
Tracking board membership and terms:
• Keep a list of all board members, and their contact information, up to date;
•
Track the terms of board members, including expiration dates;
•
Keep Board and Selectboard informed on new appointments and reappointments;
•
Provide each board member with a copy of all current regulations, ordinances, and by‐laws.
9
Maintaining Board Rules of Procedure:
• Per RSA 676:1, “Every local land use board shall adopt rules of procedure concerning the method of conducting its business. Rules of procedure shall be adopted at a regular meeting of the board and shall be placed on file with the city, town, village district clerk, or clerk for the county commissioners for public inspection.”
• Remind board members that Rules of Procedure should be reviewed and/or revised annually.
• Act as a steward of the Rules of the Procedure by updating the document and placing it on file as appropriate.
10
Processing and tracking applications:
• Track key aspects of new applications both electronically and in hard copy:
File number;
Map and lot number;
Property owner name, applicant/agent name;
Street name;
Application submission date;
Application acceptance date;
Site walk date;
Approval deadline;
Application approval date;
•
Notify your board chairman when a new application is received;
•
Ensure that all applicable documents/plans related to the application are included in the board members’ meeting packets.
11
Public Hearings have special (and, in some cases, different) notice requirements, and a land use board administrator must be aware of these particularities. For instance:
RSA 675:7‐Establishement of zoning ordinance, historic district ordinance, or building code; Adoption or amendment of master plan, subdivision regulation, site plan review regulation, and historic district regulation.Ten calendar days notice required, not including the day the notice is posted or the day of the public hearing. Must be published in a paper of general circulation and posted in two public places.
RSA 155‐E:7‐ Excavation Permit application or amended excavation permit application. Ten calendar days notice required, not including the day the notice is posted or the day of the public hearing. Must be published in a paper of general circulation and posted in three public places. RSA 676:7‐ Governs ZBA Public Hearings. Five calendar days notice required. Must be published in a paper of general circulation
RSA 676:4‐ Governs Planning Board’s procedures when considering or acting on a plat. Ten calendar days notice required.
Different for different steps and types. Includes now easement holders, dam bureau.
Reread RSAs each year!
12
Coordinate agenda setting with the board chairperson;
Ensure that the agenda includes all information necessary for a member of the public to decide if they want to participate and if so how, including:
Who is meeting;
Where are they meeting;
When are they meeting;
What will be discussed/considered/decided at the meeting;
Ensure that the meeting is noticed according to the requirements of RSA 91‐A:2. Reread periodically.
13
Taking meeting minutes:
Per RSA 91‐A:2, “Minutes…including names of members, persons appearing before the public bodies, and a brief description of the subject matter discussed and final decisions, shall be promptly recorded and open to public inspection not more than 5 business days after the meeting…”
Include the following in minutes:
• Date, time, place, and type of meeting;
• List of board members present, excused, and absent;
• List of applicants/agents/members of the public/others present; • Time that the meeting was called to order;
• Alternates appointed to sit for absent board members;
• Approval and/or amendments to previous meeting’s minutes;
• Summaries of subject matter discussed;
• Public input received on any topic;
• Time of adjournment
• Signature block for Recording Secretary and Chairperson
14
Tips for taking good meeting minutes:
• Ensure that your notes capture all of the key points, issues, concerns and facts; ;
• Record motions verbatim;
Record who proposed a motion, who seconded, the outcome of the vote, who abstained, and who recused themselves;
Ask for clarification if a topic or part of the discussion is confusing. Ask again.
• Minutes are NOT transcripts, but they need to clearly tell the whole story to a reader years later.
• Transcribe the minutes as quickly as possible after the meeting (preferably the next day) to ensure that the discussion and notes are fresh in your mind.
.
15
Facilitate Interboard communication – (don’t assume they have time – volunteers)
Share agendas and minutes with other boards, committees, and staff in the town. For instance:
If the Planning Board is reviewing applications with wetlands, conservation land, or other natural resources, they may want recommendations from the Conservation Commission before final approval. If the Board of Selectmen or City Council is accepting a bond, letter of credit, or escrow account for a developer, it is imperative that they know the particulars of Planning Board discussions and agreements with developer ahead of time.
Pass along new applications to town department heads and affected boards and committees for review and comment. For instance:
Avoid “Well the Fire Chief said this would be allowed…” or “The Road Agent didn’t have a problem with this..” from the applicants, agents or even individual members by using an interoffice memo requesting applicable departments to comment on applications. Include sufficient information and an 11x17 copy of proposed plans. Provide deadlines for responses and share the information with the applicant. Ensure that approved plats are appropriately processed with other town departments (e.g. assessing).
16
Tracking conditions of approval and the fulfillment of those conditions:
Track the conditions of approval in whatever record keeping system you set up.
Track each condition and log when that condition has been fulfilled, Coordinate with other town departments as necessary (e.g. Fire, Code Enforcement, etc).
Ensure that the board does not sign a conditionally‐approved plat without all conditions being fulfilled;
Coordinate the recording of approved plans both internally (e.g. with Town Assessor) and externally (e.g. with Registry of Deeds).
17
Tracking board income, processing application fees, and tracking sureties:
If the land use board administrator is tracking bonds, letters or credit, and escrow accounts: Maintain a spreadsheet with all applicable information, including surety type, amount, expiration of the surety.
Contact applicant at least 60 days prior to surety expiration.
SEPARATE INSPECTION FEES – ESCROW ACCOUNT.
If the land use board administrator is assisting the board(s) in budgetary tracking: Track finances in a monthly spreadsheet or general ledger.
Coordinate with the Town Treasurer and/or Finance Manager to track income and expenses by budget line items.
Coordinate with the board to review application fees annually:
If the application fees do not cover expenses, research the fees of similar communities based on:
Location
Population
Development Trends
Staffing – needs to relate to costs
18
Coordinating with other boards, committees, and staff in the town:
Extend communications beyond the board to ensure that other boards, committees, and staff in the town are aware of pending applications and board initiatives (and ask that they do the same). For instance:
If the Zoning Board of Adjustment receives multiple applications for the same variance, it’s time to talk with Planning Board.
If the Zoning Board of Adjustment struggles with intent of a Zoning Ordinance, it’s time to talk with Planning Board.
If the Conservation Commission is working on a zoning change, it’s time to talk with Planning Board.
19
Preparing reports to the community (e.g. Annual Town Report) on behalf of the board(s)
Summarize information from application tracking spreadsheets and records:
Include summary of development proposals and/or other board business received by category (e.g. subdivisions, site plans, voluntary mergers, variances, special exceptions, etc);
Provide a summary of income and expenses from applications, balance of Conservation fund, or other pertinent financial information.
Include a summary of any proposed or adopted regulation, ordinance, or master plan changes, or other projects.
Volunteers needed for board or special projects.
20
Maintaining the board’s website:
Post current information on members and terms;
Provide access to current regulations, ordinances, master plan, capital improvement plan, building codes, application, permits with their respective revision dates;
Post office hours, meeting calendars, application deadlines, contact numbers;
Post agendas, public notices, and minutes.
Don’t start something if not going to keep it up.
21
Maintaining continuity during staff vacations, illnesses, and transitions:
Ensure that you have written procedures covering:
• How will office function if you are out;
• Who is the backup person for taking minutes;
• Who knows how to post documents;
• Where and how is everything filed;
• Where the public be able to review files/plans/applications;
• Who will handle the certified letters;
• Who can accept applications;
22
Training and organizations that can help:
Attend classes/refresher courses on a regular basis;
Advocate for funding in the budget for your training needs, if necessary;
When you return from a training session, distribute handouts to board members that did not attend;
You are not in this alone, there are organizations that can help you if you have questions:
Regional Planning Commissions;
NH Office of Energy and Planning;
NH Municipal Association;
Town Counsel.
23
24